Transgender Bill Clears The Senate, Now Heads To Governor

HARTFORD — Connecticut could soon join Vermont, Rhode Island and at least five other states in adopting a law that makes it easier for transgender people to obtain a birth certificate that accurately reflects their new gender.

The state Senate gave final approval to a bill Monday permitting people to change the sex designation on their birth certificates even if they have not undergone gender reassignment surgery.

The bill now heads to Gov. Dannel P. Malloy, who has long been a strong supporter of transgender rights. A spokesman said the governor is reviewing the measure.

Under the bill, people would be permitted to change the gender designation on their birth certificates by obtaining a notarized statement from a physician, psychologist or advanced practice registered nurse. The criteria for an updated birth certificate could include "surgical, hormonal, or other treatment appropriate to the individual for the purpose of gender transition."

That's a change from current law, which permits a change in gender only if a person has undergone gender-reassignment surgery.

Supporters say the proposal reflects a new understanding of transgender rights. Many transgender people opt not to have surgery for medical or financial reasons, so requiring such an operation before changing a birth certificate does not make sense. Advocates of the bill say it could save transgender individuals the awkwardness and potential stigma of having to explain to an employer why the sex listed on their birth certificate does not mesh with the identity they now project.

"This is the arc of history bending toward justice for transgender people,'' said Stephen Glassman, executive director of the ACLU of Connecticut. "As one of the earliest states to recognize and affirm gender identity and expression in our laws, we have now made this important additional step toward recognizing people as they self-identify with regard to their gender."

Sen. Terry Gerratana, the co-chairwoman of the legislature's public health committee, said the bill is indicative of an evolving understanding of gender transformation. "Standards of care change and the bill reflects ... the best standard of care is regarding gender change,'' the New Britain Democrat said.

Sen. Joe Markley, R-Southington, was among the bipartisan majority backing the measure. "I often feel like I lack the expertise to make decisions on subjects like this," he said. "However in light of the information I've received, and the testimony that we heard at the community level, I'm prepared to support the bill as it stands."

The bill cleared the Senate by a vote of 32-3, with three Republican senators — Rob Kane of Watertown, Henri Martin of Bristol sand Michael McLachlan of Danbury — opposed. Earlier this month, the House of Representatives approved the measure, 126-18.